March 4^th 2024
Firearm Carrying without a License
Possession of Large Capacity Feeding Device
Ammunition without ID Card
Possession of Large Capacity Firearm
Improper Storage
Client was a Marine Corp war veteran with no prior record. Client was solid classily guy who did not own any firearms. However, a family member that he lived with did. That family member had a firearm ID card, but that card was long expired. Family member was cleaning his firearm when it accidentally discharged, sending a bullet to another adjoining apartment. When it accidentally discharged it went through the floor into another apartment, but did not injure anyone, thankfully. Eventually, family member brought the firearm into clients truck that client owned—not family member. At the moment client sat in the truck, the police came to the scene. When police interviewed them, they were nervous and said deceptive statements which elevated the intensity of the police. Police received a search warrant for a variety of items. During the search warrant execution, the police found several hundred rounds of armor piercing ammunition, high-capacity magazines and two other firearms. They also located two high-capacity magazines that were in the drawer of client’s bedroom, which would fit inside the weapon that was discharged and located in the client’s truck. Also, inside the truck where the firearm and ammunition was located happened to have an old credit card and another old card, in clients name. When Attorney Barabino came into the case, client had in jail for several months. Attorney Barabino quickly assembled the evidence and material needed to appeal the district court detention so he could have him released. That petition was successful, and client was released with conditions. The case went on for over two years, with a variety of motions, hearings, and experts. Eventually, a trial date was scheduled and the District Attorney, after nearly two years determined that, yes, she would reduce the minimum mandatory 18 months committed in the house of correction to misdemeanor(s) and probation with no conditions—other than not to have dangerous weapons. Client was accepted the deal as it gave him the predictability he wanted with no jail, and no felonies.
RESULT: Minimum Mandatory Firearm Charge(s) reduced to Misdemeanors, no Jail.